OSP has delegated authority to prosecute - Supreme Court rules

The powers of the Office of the Special Prosecutor (OSP) to prosecute do not contravene Article 88 of the 1992 Constitution, the provision that vests in the Attorney-General (A-G) the exclusive authority to initiate proceedings in the name of the Republic, the Supreme Court has held.

Again, he was seeking a declaration that “sections 3(3) and 4 of Act 959, in purporting to make the Office of the Special Prosecutor independent of the Attorney-General in the initiation, conduct and termination of prosecutions, violate the Constitution.

She explained that the decision did not question the constitutional authority of the Attorney-General to prosecute under Article 88(4), but rather clarified the independent prosecutorial role assigned to the OSP.